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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father signed an attorney of record for his financial

Customer Question

My father signed an attorney of record for his financial affairs he's 99. His bank wants a letter of incompetency, is this legal? His account is in Hawaii and he's now living in New Mexico.
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 7 months ago.

Your father does not have to be incompetent to have a attorney of record or power of attorney. Are you sure they are not asking for a Letter of Competency? Since they have a right to insure he is competency in him assigning an attorney of record.

Customer: replied 7 months ago.

They want a letter of INCOMETENCY. We are hard pressed to do this as it will take away whatever dignity he's got left.

Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

He does not need to be incompetent to give you a power of attorney to deal with his accounts. However, if a bank is requiring documentation, you cannot force them to allow access without the documentation I am afraid. Even though you do not want to do it, the bank can require it if they will not accept your power of attorney OR you would need an attorney to sue them in court to enforce your power of attorney, which means spending money on legal fees.